The right of children to play in the condominium spaces: no to prohibitions

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Catherine Le Nevez
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Does the child organize a football match in the courtyard of the condominium every afternoon and disturb the neighbors? There is no need to worry: our legal system defends the right to play for all minors.

The right to play

«Few know it but there New York International Convention on the Rights of the Child of 1999 recognizes the right to play ”, explains the lawyer Giancarlo Sciortino, national president of the legal studies center of Assiac (Associazione Del Paesena administrators and condominiums).

«The Del Paese ratified the Convention with Law 176 in 1991. Article 31 recognizes the minor right to rest, to free time and to devote oneself to play and recreational activities proper to his age. The right to play is understood as the right to the full manifestation of the child's character ".

Read also: The importance of play in children: play is a serious matter

The condominium regulation

«In the majority of cases the condominiums have a courtyard, but they do not have a specific area for playful activities. The Supreme Court has established that any clause of the condominium regulation that prohibits the game of minors is void. The parts in common, in fact, can be used by all condominiums, even by children, second article 1102 of the civil code. The only limit is not to prevent its use by others or not to change its destination ».

Therefore, no neighbor can forbid children to play. «The prohibition is always illegal but the condominiums can regulate play activities with specific clauses: for example it can be established that from 14 to 16 in the afternoon it is not possible to play in the common areas ».

Read also: Outdoor games for children

The responsibility always lies with the parents

However, if children break a window or cause any damage to the neighbor's car the responsibility lies with the parents. "Second article 2048 of the civil code, the father and mother are responsible for the damage caused by the unlawful act of minor children up to 18 years of age ".

Finally, let's remember to check if our Municipality has deliberated on the matter. “Nothing prevents the administrative authority from dictating gods criteria that guide the condominiums in the management of playful activities. In any case, the rule or any resolution approved during the condominium meetings is imposed ».

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